WESTLOCK – A charge under the Town of Westlock’s bylaw against Westlock Taxi of being uncivil and calling a customer names was dismissed in Westlock Court of Justice on Nov. 6 because the customer didn’t ride in the taxi and had only hired the company to pick up a prescription at a local drug store.
A Town of Westlock bylaw officer testified that the incident had occurred on May 29 and violated the town’s bylaw that states the chauffeur (taxi driver) must be civil and well-behaved to all passengers.
Prosecuting the case, B. De Rudder entered the texts Timothy Wellsby had sent to the customer as evidence.
The customer had asked why she was charged $12 for the pick-up instead of the $10 going rate. She testified that when she called him, he was “belligerent, he was swearing at me, the ‘f’ bomb, the ‘b’ bomb and calling me a junkie. He even texted it to me.”
She said that she doesn’t do drugs or even drink and found his comment calling her a junkie inexcusable.
Court heard one text said, “junkies will be junkies.”
Wellsby, who was self-represented, argued that the town’s bylaw doesn’t cover the dispatcher’s or owner’s conduct and just the taxi operator’s conduct. He said he wasn’t driving the taxi on the day in question and added that the customer was never in the taxi, and it was just a prescription pick-up.
“We are all here at the end of day for name calling,” said Wellsby.
Justice Carrie-Ann Downey dismissed the charge but told Wellsby, “We are dealing with the issue of civility. The text messages’ language is inappropriate to say the least.”
Justice Downey told Wellsby that he stood before the court and talked about his good character and reputation of helping in the community and that if he is going to be the outstanding member of the community that he says he is, then he should conduct his business accordingly.
“This woman is obviously very upset. She’s in court for a reason. These text messages are quite frankly appalling for somebody who is a businessman.”